Three days after suing Apple, Google says patent wars hurt consumers

Google’s public policy director today said software patents are failing to promote innovation, and that patent lawsuits are hurting consumers. But it would be hard to argue Google is doing much to end the patent wars. Only three days ago, Google subsidiary Motorola Mobility sued Apple and demanded an import ban on the iPhone, iPad, and iPod touch.

Google’s director of public policy Pablo Chavez said, "One thing that we are very seriously taking a look at is the question of software patents, and whether in fact the patent system as it currently exists is the right system to incent innovation and really promote consumer-friendly policies.”

Chavez also said, “We think that these patent wars are not helpful to consumers... They're not helpful to the marketplace. They're not helpful to innovation." Chavez’s remarks today came at a Technology Policy Institute conference in Aspen, Colorado and were detailed in a report by CNET.

Few observers of the tech patent wars would disagree with Chavez (other than, probably, the lawyers). But Google should have a hard time convincing people it means what it says now that it’s the proud owner of Motorola. Google bought Motorola mainly for the patents, ostensibly to defend Android from attack. But Motorola is staying aggressive under Google, even expanding its strategy by asserting both standards-essential patents and patents that aren't tied to industry standards.

Chavez isn’t responsible for Motorola’s patent strategy, and there’s no reason to doubt his belief that patent lawsuits are harmful. But Google’s public pronouncements provide an interesting contrast to competitors, who seem to relish their role as aggressor. Late Apple CEO Steve Jobs promised to go “thermonuclear” on Android, while Microsoft has issued boasting press releases each time it forces another smartphone vendor to pay patent licensing fees.

One company has succeeded in playing both sides, building up a patent portfolio to be used only for defensive purposes, allowing it to publicly bash the patent system without a hint of irony. That company? Red Hat. Google hasn’t pulled off that trick yet, and with all the money at stake in mobile patent lawsuits it’s unrealistic to expect the likes of Google, Apple, or Microsoft to unilaterally disengage soon.